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LIC-9.04-13 - Conditions

CONDITIONS
Administrative Rule Adopted by Revenue Bureau Pursuant to Rule-Making Authority
ARB-LIC-9.04-13

 

Towers performing private property impound tows in the City of Portland must comply with the following conditions:

 

1.  Tow Receipt

 

A.  When releasing a PPI towed vehicle, the tower will issue to the vehicle owner/owner’s agent a clearly legible invoice on an approved standard form complete with the following information:

 

1.  Tow Number or call number provided by Tow Desk

2.  Vehicle license plate

3.  State

4.  Vehicle Identification Number.

 

a.  This information is mandatory on all PPI tows to ensure that the vehicle is not stolen.

b.  If the VIN is not readily obtainable by the tower, a hold may be placed on the vehicle for a VIN inspection. As an alternative to applying a hold, the following procedure may be used to obtain an unreadable VIN:

 

1.  If the license plate reported to Tow Desk matches the make/model/style of the vehicle listed in the DMV record, PPB Records will accept the available information and the tower is authorized to release the vehicle upon payment of towing and storage fees.

2.  If the license plate does not match the make/model/style in the DMV record, PPB Records will request that the tower re-check the plate.  If the plate re-check returns with the same, non-matching information, then when the citizen comes to pick up the vehicle, the tower will ask the citizen to open the vehicle prior to payment so the VIN can be correctly reported to Tow Desk and the vehicle released.

3.  Auto Records will notify the tower if the vehicle has been reported stolen and the regular procedures for a Recovered Stolen vehicle will be applied.

 

c.  Storage fees will not accrue while a hold is in place.

 

5.  Make

6.  Model

7.  Style

8.  Year

9.  Color

10.  Address or tax lot # of the property from which the vehicle was towed or released at the scene

11.  Address to which the vehicle was towed

12.  Name of the business which authorized the tow

13.  Patrol Account or Call-in

14.  Time that prior notice (initiation) of the tow was called in to Tow Desk, and who made the call, initials or City ID

15.  Time that completion was called in to Tow Desk, and the, initials or City ID of the driver who called Tow Desk.

16.  Dollies? Circle yes or no

17.  Was vehicle towed front up? Rear up? On a rollbed? Circle one

18.  Tow Driver (initials or City ID)

19.  Tow Truck plate (City plate, or DMV plate)

20.  Identity of the person to whom the vehicle is released;

a.  Released to name,

b.  Telephone number,

c.  Address, city, state and zip code

21.  Date of the release

22.  Time of the release

23.  Date and time of release notification to Tow Desk,

24.  City ID number or initials of the person who made the notification

25.  Telephone contact information for the Towing Coordinator.

 

B.  All times reported to the Tow Desk, or recorded on the tow invoice, will be expressed using the 24-hour clock. The clock of record is the Tow Desk clock.

 

2.  Calculating Fees for Towed Mileage

 

A.  An amount established by administrative rule per towed mile, up to 8 miles, may be added to the fees for a PPI tow.

B.  Mileage will be measured to 1/10th of a mile, from the hookup location to the PPI tower’s nearest approved storage facility. 

C.  For audit purposes, the distance standard will be the shortest route verified by “MapQuest,” within 1/4 mile.

D.  Number of miles travelled will not be “rounded.”

 

3.  “Rounding” an Uneven Total

 

A.  If the total of all fees assessed for a PPI tow results is an uneven amount (i.e. $142.35, rather than $142.00) the PPI tower is permitted to “round” the final total to the closest even amount. If the “subtotal” of the fees is $10.50, the PPI tower may choose to leave the amount as it is or round the amount down to $10.00. If the subtotal is $10.51, the amount may be rounded up to $11.00.

B.  Only the final total, not individual fees itemized on the invoice, may be rounded.

 

4.  Sub-contracting for special equipment

 

A.  If a PPI tower sub-contracts with another tow company for use of special tow equipment, the PPI tower must identify the sub-contractor in the annual registration.

B.  When the sub-contractor provides service on a Portland PPI tow, the name of the sub-contractor, driver name and license plate of the sub-contracted equipment must be listed on the invoice.

C.  The PPI tower will be responsible for fees charged by the sub-contractor. Such fees must be approved by the Towing Coordinator prior to passing them on to the vehicle owner.

 

5.  Photographs

 

A.  Prior to attaching equipment for a PPI tow, the PPI tower will take digital photographs of the vehicle to be towed, in the position where it was left by the vehicle operator. Such photographs will include:

 

1.  At least one photo identifying the subject vehicle and illustrating the condition(s) which justify the impound, such as the absence of a permit, parking over a line, etc; and,

2.  Photos documenting the presence of compliant signs at each entry into the parking facility.

3.  Photos will be date- and time- stamped by the camera or retrievable from system properties.

 

B.  Such photos must be kept in retrievable form for at least 2 years and will be made available upon request by the City.

C.  Failure to provide photographs upon request will invalidate the tow. If photos do not clearly identify the vehicle to be towed, illustrate the reason for the tow, date and time stamp or document compliant signs, the tow may be invalidated

 

6.  Offer transportation assistance to vehicle owner/owner’s agent

 

A.  Pursuant to ORS 822.230(3)(d), PPI towers will offer one of the following alternatives for transportation assistance:  

 

1.  To provide transport at a reasonable cost for the vehicle operator and passenger(s) from the immediate vicinity of the impound to the tower’s storage lot for release of the vehicle; or,

2.  Offer to make a call on behalf of the vehicle owner to arrange transportation.

 

B.  Such transportation will be at the vehicle owner’s expense. 

 

7.  Animals in towed vehicles

 

A.  If a vehicle is found to contain any live animal, the PPI tower will take reasonable care to protect the welfare of the animal, including: 

 

1.  Placing the vehicle in indoor storage, if weather conditions would jeopardize the welfare of the animal;

2.  Offering the animal water, if it is safe to do so.

 

B.  If the vehicle owner has not contacted the PPI tower within 2 hours after the vehicle reaches the PPI tower’s storage lot, the PPI tower shall contact the local Animal Control authority to arrange for the animal to be taken into protective custody. Such arrangement will be made as soon as feasible, but in no case later than 4 hours after completion of the tow.

C.  The PPI tower will provide information about the location of the animal when the vehicle owner/owner’s agent calls to arrange for release of the vehicle.

D.  PPI tower will release the animal to the registered owner, or person with permission to operate the vehicle, without charge except a gate fee if released after hours.

 

8.  Notification prior to tow

 

A.  Notification of the intent to tow a vehicle from private property will be made by the PPI tow driver to the Portland Police through the Tow Desk before any tow equipment is attached or the vehicle is moved. 

B.  Such notification will be made by telephone and will include at least the following information:

 

1.  Vehicle license plate, make and color;

2.  Correct address from which the vehicle is to be towed;

3.  Name of the tow driver initiating the tow

 

9.  Notification of the completion of the tow

 

A.  The PPI tower will notify the local police agency through the Tow Desk of the completion of the tow and location of the vehicle within 1 hour after the vehicle is placed into storage, or released at the scene. Such notification will include the following information:

 

1.  Towed vehicle license plate

2.  State in which the vehicle is registered

3.  Vehicle Identification Number

4.  Make

5.  Model

6.  Style

7.  Year, if known

8.  Color

9.  Tow Class

10.  Correct street address of the property from which the vehicle was towed or released at the scene

11.  Address to which the vehicle was towed

12.  Name of the business which authorized the tow

13.  Whether tow dollies were used

14.  How the vehicle was towed - front up? rear up? Rollbed?

15.  Tow Driver Identification (City driver number or initials)

16.  Tow Truck plate – (City plate or DMV plate)

 

B.  If a prior notice does not result in a towed vehicle, PPI tower will notify Tow Desk whether a Release at the Scene fee was collected, or the vehicle was released without a fee.

C.  A vehicle released at the scene for a fee will be assigned a “call number” by Tow Desk in place of the tow number. The PPI tower will enter a call number on each PPI tow invoice not assigned a tow number.

 

10.  Notification of release

 

A.  Within 8 hours of releasing a vehicle to the registered owner/owner’s agent, foreclosing a possessory lien or accepting a title, the PPI tower must notify Portland Police by faxing to the Tow Desk a completed “Notice of Vehicle Release” form complete with all release information.

B.  Periodically, a list of unreleased PPI towed vehicles in storage more than 30 days will be sent to each PPI tower.

 

1.  PPI towers will check their records and provide information about the disposition of each listed vehicle. Applicable data service and administrative service fees
will be assessed.

2.  If the PPI tower has no information about the disposition of a vehicle that is no longer in their possession, it will be assumed to have been released to the vehicle owner and presumptive data service fees and administrative service fees will be assessed, in addition to applicable penalties.

 

11.  Data services fee

 

A.  By the tenth day of each month, the Tow Desk will send the PPI  tower an invoice for data service fees collected for each PPI towed vehicle released to the vehicle owner in the previous month. 

B.  The PPI tower will pay the collected fees directly to the Tow Desk by the twentieth day of the month, or other date as specified on the billing invoice.

C.  Late payments will be subject to penalties and/or interest.

D.  The amount of this fee will not exceed the current dispatch fee established by the City of Portland Agreement for Central Dispatching of Towing Services, as it may be amended by the Towing Board of Review.

 

12.  Administrative service fee

 

A.  By the tenth day of each month, the City will send the PPI  tower an invoice for administrative service fees collected for each PPI towed vehicle released to the vehicle owner in the previous month. 

B.  The PPI tower will pay the collected fees to the City of Portland by the twentieth day of the month, or other date as specified on the billing invoice.

C.  Late payments will be subject to penalties and/or interest.

D.  The amount of this fee will be established by the City of Portland and published with application materials at the start of each permit period.

 

13.  Official City holidays

 

A.  PPI towers are not required to staff their offices on official City holidays. The official holidays recognized by the City of Portland are as follows:

 

New Year’s Day

Martin Luther King Jr. birthday

Presidents’ Day

Memorial Day

Independence Day - July 4th

Labor Day
Veterans’ Day

Thanksgiving, and the day following

Christmas Day

 

B.  A schedule of exact dates of these holidays will be published with application materials at the start of each permit period.

 

14.  Release At Scene (RAS)

 

A.  A PPI tower is entitled to a Release at Scene fee for an interrupted tow only if the required prior notification to Tow Desk has been carried out and the PPI tower has completed the hookup and attachment of all safety equipment, and is in full possession of the vehicle as defined in PCC 7.24. The fee for an interrupted tow is limited to:

 

1.  The base fee allowed for the appropriate type of vehicle – Class A, Class B or Class C

2.  Data services fee

3.  Administrative service fee

 

B.  If the vehicle owner or operator returns while  PPI tow staff is still attaching equipment to the vehicle or is outside of the tow truck for any reason, the PPI tower will release the vehicle to the vehicle owner or operator at no charge.

C.  If the vehicle owner or operator stops the PPI tower when the hookup is complete and the tow truck is in motion with the vehicle, the PPI tower will immediately halt the tow and inform the vehicle owner of the amount of the RAS fee and that the vehicle owner has up to 30 minutes, without additional charge, to provide payment of the RAS fee and have the vehicle released. If the vehicle owner/owner’s agent fails to provide payment within 30 minutes, the PPI tower may proceed to tow the vehicle to the storage facility. 

 

15.  Citizen Complaints

 

A.  A citizen whose vehicle has been impounded, or who has paid for release of their vehicle at the tow scene, will have 180 days from the date of the completion of the tow to file a written complaint with the City against the PPI tower.

B.  Except under circumstances beyond the City’s control, citizens’ written complaints will be forwarded to the PPI tower within 15 business days of receipt in the Revenue Bureau. 

C.  The PPI tower will provide a written statement of response within 10 business days of notice of a complaint, unless another deadline is approved by the Towing Coordinator.  Such response will be accompanied by all documentation requested by the Towing Coordinator, including, but not limited to:

 

1.  A copy of the authorization to tow; and,

2.  Pertinent staff testimony; and,

3.  Photographs of the subject vehicle, taken prior to towing, marked with the time and date the photograph was taken.

 


 

HISTORY
Amended by Director of Revenue Bureau December 17, 2013.
Revised document filed in PPD April 20, 2006.
Submitted for inclusion in PPD April 23, 2004.
Originally adopted by Bureau of Licenses as Administrative Rule 016.03-1.